hara_patta_for_rico
07-10 08:12 AM
It seems several persons are already discrediting the lawsuit and from the comments I have seen, it is apparent that some have not read the entire complaint.
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
In order to understand how a civil lawsuit works one needs to understand that in a complaint, one makes no legal arguments, does not cite case or precedent law but only cites the simple facts. The other side can respond to the complaint and deny or accept the allegations in part or in whole. Many cases do not go to trial, they end up in settlements or are decided through summary judgement (http://en.wikipedia.org/wiki/Summary_judgment) (for the plaintiff or the defendants) if the case has undisputable matters of facts and one of the parties petitions for it. Several processes also take place ie Discovery long before an actual trial. I recommend reading the following wikipedia entry to familiarize one at a high level with the processes and rules involved:
http://en.wikipedia.org/wiki/Federal_Rule_of_Civil_Procedure
To get to the core legal arguments behind the case, one needs to read the counts (they are only stated and not argued/expounded on starting pg 13). Namely those are:
COUNT I: VIOLATION OF THE FIFTH AMENDMENT (http://en.wikipedia.org/wiki/Fifth_Amendment_to_the_United_States_Constitution) (constitutional rights issue)
COUNT II: VIOLATION OF THE ADMINISTRATIVE PROCEDURES ACT (http://en.wikipedia.org/wiki/Administrative_Procedures_Act)
COUNT III: DECLARATORY JUDGMENT ACT (http://www.justice.gov/usao/eousa/foia_reading_room/usam/title4/civ00036.htm)
COUNT IV: EQUAL ACCESS TO JUSTICE ACT (http://www.hhs.gov/dab/guidelines/eaja.html)
COUNT V: PROMISSORY ESTOPPEL (http://en.wikipedia.org/wiki/Promissory_estoppel#Promissory_estoppel)
There are several laws cited above, its thus puzzling to see requests for one to cite the laws USCIS/DOS is accused of violating when its all there in the lawsuit. The plaintiff has the burden of proving the counts they have stated at the appropriate time and not in the complaint. One does not play all their cards in the initial complaint.
Even more puzzling is the persistent fear that there would be retributory action from USCIS. Judges do not take kindly to such behavior and USCIS would have no chance defending itself on charges of retaliatory actions.
Thank you for getting some sanity into the conversation....atleast some people are realising that actions, especially those perpetrated by Govt Agencies, are watched closely. They will be held accountable, whether one likes it or not . If the lawyers want to profit from all of this, let it be so, as long as the voice of a troubled community is heard in a court of law. That is just the first step....
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varshadas
02-18 01:12 PM
Himanshu,
Thank you very much for your appreciation. We are glad to help to get us all out of this mess.
Rajeev, Sanjay, Hemal. Shekhar and Ajay, were you able to get in touch with your local Congressmen, if not, please do so.
Thanks,
Varsha
Thank you very much for your appreciation. We are glad to help to get us all out of this mess.
Rajeev, Sanjay, Hemal. Shekhar and Ajay, were you able to get in touch with your local Congressmen, if not, please do so.
Thanks,
Varsha
psaxena
05-26 07:10 PM
I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.
Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.
I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.
I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
"I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..
I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
Well I am gonna get more reds.. but I dun care.
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thomachan72
07-28 04:45 PM
Hi all,
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
A lot of people act as if their God / Gods need their protection. My friends think about that before getting upset about these issues. Do the Gods really need your protection? or is it just your ego thats being hurt? Would Ganesha (in this case) be hurt by being on the beer bottle? Does the picture infact resemble him? has anybody seen Ganesha? I mean, this is 21st century and we have to think rationally before becoming sentimental over these issues. So long as you get hurt over these there will be people to insult you. Believe me my friend no human can ever hurt / insult a God (if there is infact one). so why bother? Maintain your personal relationship with Ganesha in your prayer and let him deal with such insults in his way. The only reality you will ever know is your neighbuor. Live and let others live life to the fullest and dont let religion / religious idease dictate your attitude towards this world. next time you see the beer, buy it and drink it if you enjoy alcoholic beverages.
I am not sure whether I should add this over here or not but I could not resist and I don't know any other way.
I went to a wine shop and was shocked to see cartoon of Ganesha used on the bottle of India Pale Beer. I am not a religious person but this thing made me nervous. Please let me know how this can be protested.
Thanks
A lot of people act as if their God / Gods need their protection. My friends think about that before getting upset about these issues. Do the Gods really need your protection? or is it just your ego thats being hurt? Would Ganesha (in this case) be hurt by being on the beer bottle? Does the picture infact resemble him? has anybody seen Ganesha? I mean, this is 21st century and we have to think rationally before becoming sentimental over these issues. So long as you get hurt over these there will be people to insult you. Believe me my friend no human can ever hurt / insult a God (if there is infact one). so why bother? Maintain your personal relationship with Ganesha in your prayer and let him deal with such insults in his way. The only reality you will ever know is your neighbuor. Live and let others live life to the fullest and dont let religion / religious idease dictate your attitude towards this world. next time you see the beer, buy it and drink it if you enjoy alcoholic beverages.
more...
pappu
08-03 08:56 AM
Can we send e-mail to Lou Dobbs of CNN about SKIL BILL May be some time he will pickup this topic in his news----Just thaught...
you can go ahead and send
http://www.cnn.com/feedback/forms/form5.html?9
you can go ahead and send
http://www.cnn.com/feedback/forms/form5.html?9
abhishek101
12-26 04:06 PM
You have pretty much written my hit list. I could not have put it in better words.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
Just to add I work for a bank and to open an account within bank I had to go through a long paper process, whereas any outsider (Citizen/GC) can get it in 5 min online.
But as a bank employee I do understand that while we at bank would love to open all accounts online (less cost and all) the US government has restrictions under Know your customer requirement, that prevents us from doing so. So while most of the business understand that they are losing business they are pretty much restricted by the laws of the land.
there are two ways out of it:
1. Support legislative action for getting GC faster, for that support IV.
2. Make the immigrant group a huge economic success that the business has incentive to provide it better services.
more...
aroranuj
10-16 06:50 PM
Notarized & mailed my FOIA letter today...
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NKR
03-16 09:25 PM
i just don't see what the fuss is about. people from india usually waited 5-6 years for a GC historically, and it's about the same, give or take one year, even now. so i don't see why 4 years of wait after i-485 is being made out to be such a big deal only NOW.......????
It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.
It's like asking Martin Luther King a few decades ago "Slavery has been there for centuries, why do you need equality now?". Your tone is exactly like that. It's just an analogy, we have definitely not suffered as much, but I am just trying to tell you that a wrong should not be prolonged, it needs to be corrected.
more...
mambarg
07-24 01:18 PM
With the new form available on uscis web site.
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
It clearly says the documents to be attached to 485 and it says employment letter as initial evidence.
So we should attach it . If not now, then you will get RFE. Why to get RFE ?
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yetanotherguyinline
05-15 03:00 PM
If you are considering MBA please do these things before you decide.
1. Be absolutely sure why you want a MBA (have a specific reason like I want to move into ABC career or I want to do XYA in X years). Research the programs available and pick a program that suits your goals.
2. Talk to spectrum of people who have either achieved or on a patch to achieving ABC or XYZ you have identified in the above step. Find out how MBA helped them achieve their goals. Talk to people who have just finished MBA or in class right now along with people who have done MBA 10 years ago.
MBA is not just a degree, its much more than that. Depending on the program you get into, the brand and the networks can add far more value than what just a degree could have.
Disclaimer: I am enrolled in MBA program at Haas (University of California, Berkeley). So my views might be biased.
1. Be absolutely sure why you want a MBA (have a specific reason like I want to move into ABC career or I want to do XYA in X years). Research the programs available and pick a program that suits your goals.
2. Talk to spectrum of people who have either achieved or on a patch to achieving ABC or XYZ you have identified in the above step. Find out how MBA helped them achieve their goals. Talk to people who have just finished MBA or in class right now along with people who have done MBA 10 years ago.
MBA is not just a degree, its much more than that. Depending on the program you get into, the brand and the networks can add far more value than what just a degree could have.
Disclaimer: I am enrolled in MBA program at Haas (University of California, Berkeley). So my views might be biased.
more...
gvenkat
10-21 12:38 PM
/* Last 8 years, Republicans have done nothing to improve GC system. Lets give democrats a chance this time. */
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
Do you have a voting right? Look whoever comes will not care abt EB3 India... for some time. The system has to fix itself or needs to be changed. If ppl with priority date of 2003 gets the GC around 2010. We should thank our stars and be happy.:)
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masterji
07-12 07:24 PM
Can not wait till Aug 1 :D
more...
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Legal
07-22 04:37 PM
so there should be 40-50k EB visas left over in this year...?
and these numbers have to be used up before Sep 30th. If they are not used they'll spill over into family based immigration category.
and these numbers have to be used up before Sep 30th. If they are not used they'll spill over into family based immigration category.
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reddymjm
09-10 06:12 AM
IF DOS does not make EB2 I C and EB3 ROW current before Jul 2011.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
ROW world has a quota of 149,200 and pending applications of 100 + 44,800 = 44,900.
Lets say EB1, EB3 ROW uses 30K which I doubt will be far less than that, so there will be 70K visas just from ROW to spill to EB3 ROW. If DOS/USICS decides not to waste the Visas definetly EB3 Mexico and India should get a good share of that 70k. This 70k should even be more as there might be some unsed EB1.
THIS IS ALL VOID IF EB2 I C and EB3 ROW becoming Current before Jul 2011 and also if they start quarterly spill over.
Good luck guys.
more...
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bigboy007
07-18 11:08 AM
OK just called USCIS with great difficulty they escalated it to Supervisor , He took my details and informed and nothing is in system yet. Then i asked him about procedural changes , as per him everything "SHOULD" be on HOLD earlier. Hence he expressed concern that none MIGHT have returned . BUT he adviced me to call back during last week of July just to be safe on side so that we can make sure they are through atleast by deadline of Aug 17. For me what he told makes sense.
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delax
07-13 11:17 AM
Was she sleeping all this while. Why did it take her 2 weeks to respond to the events that occured ? Looks like everyone wants a piggy back ride.:D
We know your selfish intentions !!:eek:
And has your lawyer sent a letter - if not, why is he/she still waiting to do so. Did you exhort her to do so. Will you exclude yourself from any AILF lawsuit benefit.
You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.
We know your selfish intentions !!:eek:
And has your lawyer sent a letter - if not, why is he/she still waiting to do so. Did you exhort her to do so. Will you exclude yourself from any AILF lawsuit benefit.
You are missing the forest for the trees friend - Its not one agianst the other. Focus on the objective.
more...
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aadimanav
09-26 11:57 AM
IV members won.
Wordings changed:
"..The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. ....."
Wordings changed:
"..The demonstrators were protesting long delays in securing green cards for highly-skilled workers already in the U.S. ....."
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bobbydalal
08-21 04:32 PM
luvchoclates ,
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
Hi first of all hats off to u for what u doing for someone whom u r even not related. All i can say is its really hard for someof these pepole to b in ur shoes n do half not more of what u have done. All i can say is i know of a real top notch lawyer and who has got green card done for most of my employees and is really good at what she does. U can either email me at vaishconsulting@hotmail.com and ill give u her # and put in a word to her for u and go frm there.
all the best
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Jaime
09-10 12:27 PM
Your employer is exploiting you and you want to change jobs, but can't - Your employer is exploiting your H1-B status by underpaying you and overworking you, and perhaps even withholding your visa papers from you. Most people in that situation would have left and gotten another job, but you can't because then you'd have to start your green card process all over again, and not all companies will sponsor you for a GC either.
sam_hoosier
01-18 04:52 PM
http://www.nelp.org/docUploads/Fact%20sheet%20formatted%2Epdf
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
This will help you understand the law...you didnt have to answer the police officer.
Based on this document, it looks like I-766 (EAD card) is good enough as proof of ID & immigration status.
damialok
05-28 03:17 PM
Finally after 6 years, its my turn to report. Online is NOT updated but when I called NSC they informed that it was approved on 05/23/2008. They also informed me that it will take 6 business days to get the card(card ordered on 05/23/2008).
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